Howard v. Gordon Law Offices, P.S.C. et al

Filing 14

MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr., Having failed to pay the $400.00 filing fee, the Court will, by separate Order, dismiss this action pursuant to FRCP 41(b) for failure to comply with a prior Order and failure to prosecute. The prior Order (DN 5) obligating Plaintiff to pay the $400.00 filing fee remains in full effect. IT IS ORDERED that KSP shall forward $400.00 from Plaintiffs inmate account. c: Plaintiff, pro se; KSP (SG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT OWENSBORO

MICHAEL DALE HOWARD
v.

PLAINTIFF
CIVIL ACTION NO. 4:14-CV-P86-JHM

GORDON LAW OFFICES, P.S.C. et al

DEFENDANTS

MEMORANDUM OPINION AND ORDER
Plaintiff, Michael Dale Howard, initiated this civil action by filing a complaint and a
motion for leave to proceed in forma pauperis.1 Plaintiff is subject to 28 U.S.C. § 1915(g)’s
three-strikes bar, having already filed at least three actions while a prisoner which were
frivolous, malicious, or failed to state a claim. Therefore, on March 3, 2015, the Court entered
an Order giving Plaintiff 30 days to pay the $400 filing fee. That Order warned Plaintiff that
failure to timely comply would result in dismissal of this action.
More than 30 days have passed since the Court entered its Order, and Plaintiff has not
paid the filing fee. Having failed to pay the $400.00 filing fee as ordered by the Court, the Court
will, by separate Order, dismiss this action pursuant to Fed. R. Civ. P. 41(b) for failure to comply
with a prior Order of this Court and failure to prosecute.
Plaintiff remains obligated to pay the filing fee in full notwithstanding his failure to
comply with the prior Order of this Court. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th
Cir. 1997) (“We conclude that by filing the complaint or notice of appeal, the prisoner waives
any objection to the fee assessment by the district court.”) (emphasis added), overruled on other
grounds by Jones v. Bock, 549 U.S. 199 (2007).
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The Court initially dismissed this action for Plaintiff’s failure to keep the Court apprised of his
current address. After Plaintiff updated his address, the Court reopened the action and gave
Plaintiff another opportunity to pay the filing fee.

Accordingly, the prior Order (DN 5) obligating Plaintiff to pay the $400.00 filing fee
in this action remains in full effect.
IT IS THEREFORE ORDERED that the Kentucky State Penitentiary shall forward
$400.00 from Plaintiff’s inmate account to the Clerk for full payment of the filing fee. The
payment shall be made payable to “Clerk, U.S. District Court” and sent to the following address:
Office of the Clerk
United States District Court
Western District of Kentucky
106 Gene Snyder U.S. Court House
601 W. Broadway
Louisville, Kentucky 40202-2249
Date:

April 24, 2015

cc:

Plaintiff, pro se
KSP, Attn.: Inmate Accts. (#165473), 266 Water Street, Eddyville, KY 42038
4414.009

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